O'Brien v. Chamberlain

Citations

• 50 Cal. 285
• 1875 Cal. LEXIS 145

Syllabus

<p>Feaud in Pubohase of Goods at Shebiff’s Sale.—If the purchaser of personal property at sheriff’s sale permits it to remain in the possession of the judgment debtor after the sale, and allows him to exercise acts of ownership over it, the court or jury must take this circumstance into consideration in determining the question whether the sale was fraudulent as to the creditors of the judgment debtor.</p> <p>Idem.—The question not decided as to whether a failure by a purchaser, at a judicial sale, to take possession of personal property, will render the sale fraudulent per se under out statute as against the creditors of the judgment debtor.</p>